7 Nov 2013 | Africa, News and features
1) Angola
Manuel Chivonde Nito Alves was held in solitary confinement for printing t-shirts. Image from his Facebook page.
Angolan 17-year-old Manuel Chivonde Nito Alves went on hunger strike on Tuesday, following his arrest on 12 September for printing t-shirts with the slogan “Out Disgusting Dictator”. The message was aimed at the country’s President Jose Eduardo dos Santos, who has held power in since 1979. The shirts were to be worn at a demonstration in the capital Luanda, highlighting corruption, forced evictions, police violence and lack of social justice under dos Santos’ regime. Nito Alves has been charged with “insulting the president”, and has now spent almost two months in detention – parts of it in solitary confinement. His family were barred from seeing him, and three weeks went by before he was allowed to speak to a lawyer. The hunger strike is in protest at his “unjust and inhumane treatment”.
2) Belarus
Yury Rubstow wearing the t-shirt that landed him in prison. (Image Viasna Human
Rights Centre)
On Monday, Belarusian opposition activist Yury Rubstow was sentenced to three days in jail for wearing a t-shirt with the slogan “Lukashenko, go away” on the front, and “A four-time president? No. This is not a president but an impostor tsar” on the back.” The message was aimed at the country’s dictator Alexander Lukashenko, during an opposition protest march. He was found guilty of disobedience to police officers under Article 23.4 of the Civil Offenses Code.
3) Swaziland
In 2010, Sipho Jele, a member of Swaziland’s People’s United Democratic Movement, was arrested for wearing a t-shirt supporting the party during a May Day parade. He was arrested under the country’s Suppression of Terrorism Act, and died in custody. The police said he had hanged himself, while the party say the police of killed him.
4) Egypt
The Rabaa symbol displayed at a protest in Turkey (Image Bünyamin Salman/Demotix)
In September, three Egyptian men were arrested for wearing t-shirts emblazoned with the Rabaa symbol. A hand holding up four fingers, it is widely used by those opposing Egypt’s interim military-backed government, and the coup that ushered in in. Mohamed Youssef, the country’s kung fu champion, was also suspended by the national federation for wearing a similar t-shirt during a medal ceremony.
5) Hong Kong
Avery Ng wearing the t-shirt he threw at Hu Jintao. Image from his Facebook page.
An activist from Hong Kong was arrested last December for throwing a t-shirt at former Chinese president Hu Jintao during an official visit almost six month earlier, on 1 July. League of Social Democrats Vice Chairman Avery Ng threw a t-shirt with a drawing of the late Chinese dissident Li Wangyang, a Tiananmen Square activist who died under suspicious circumstances only weeks before the visit. Ng was charged “with nuisance crimes committed in a public place”.
6) Malaysia
Malaysian protester wearing a Bersih shirt. (Image Syahrin Abdul Aziz/Demotix)
In June 2011, Malaysian police arrested 14 opposition activists for wearing t-shirts promoting a rally in Kuala Lumpur calling for election reform. The shirts carried the slogan “bersih” which means “clean”, and is the name of one of the groups behind the protest. Authorities claimed the demonstration was an “attempt to create chaos on the streets and undermine the government”, and they were therefore within their rights to arrest the protesters. They also confiscated t-shirts from the group’s headquarters.
7 & 8) The US
Jared Marcum wearing his NRA t-shirt in a TV report. (Image Youtube)
A 14-year-old student from West Virginia was in April suspended from school and subsequently arrested for refusing to remove a t-shirt supporting the pro-gun National Rifle Association. Jared Marcum was charged with “obstructing an officer” and faced a $500 fine and up to one year in prison.
On the flip side, a Tennessee man was arrested for wearing a t-shirt in support of stricter gun control laws. Stanley Bryce Myszka was wearing a shirt that read “Has your gun killed a kindergartener today?” at a shopping centre, following the shooting at Sandy Hook Elementary School. He was approached by security guards, who called the police when he when he refused to remove the shirt. He was also banned from the shopping centre for life.
9) United Kingdom
The front of Barry Thew’s t-shirt. (Image Greater Manchester Police)
A Manchester man was in October 2012 sentenced to eight months in prison in part for wearing a t-shirt emblazoned with offensive comments referencing the murders of two policewomen. Barry Thew had written “One less pig; perfect justice” on the front of his t-shirt and “killacopforfun.com haha” on the back. While four months of the sentence was handed down for breach of a previous suspended sentence, he was charged on a Section 4A Public Order Offence for the t-shirt incident.
6 Sep 2013 | News and features, United Kingdom
Image Darrenp/Shutterstock
The stakes are incredibly high as the British government considers buckling in the face of intense pressure over its controversial and divisive lobbying bill. If it does not, there is a real danger that the voice of David Cameron’s “Big Society” is about to be snuffed out for good.
From out of nowhere, the coalition government’s lobbying bill has created a sudden, serious threat to freedom of speech in Britain. Charities are terrified that their campaigning activity will be virtually shut down if the coalition’s proposed measures become law.
After a week of outrage and anger the first indications of a shift in stance are now starting to emerge. One coalition source I’ve spoken to says further concessions as the bill is debated in detail next week will leave the charities “mollified”. A Liberal Democrat source has, separately, suggested amendments will be tabled making clear charities’ activities will not be impinged. At the time of writing it remains to be seen whether that’s the case.
It has happened astonishingly quickly. Before the summer started there was no cause for concern. Now, though, dark partisan motives are underpinning debate on the legislation many of those affected are already calling the “gagging bill”.
This “nasty little bill”, as one Labour MP put it, is ostensibly an attempt to create more transparency in the system by which interest groups of all shapes and sizes put pressure on MPs and ministers. Its proposal to create a statutory register of lobbyists is widely criticised for being fundamentally flawed, though, because it only covers those working for public affairs agencies. In-house lobbyists, representing large corporations, get away scot-free.
Then there’s the real issue: a move against the influence of third parties in election campaigns. Under the proposals of this afterthought, any organisation which isn’t a political party faces a severe clampdown if it wants to campaign actively on its own issues during the election season. Trade unions, whose activity overwhelmingly helps Labour, are overtly targeted. The problem is that charities, which cumulatively form an important part of British political debate, are also going to be affected.
“The bill will have a chilling effect on campaigning activity,” the National Council of Voluntary Organisations’ parliamentary manager Chloe Stables warns. She fears the complexity and the uncertainty of the rule changes will lead many organisations to become “so scared of these rules they’ll stop undertaking campaigning, because charities are very risk averse”.
Not everyone is convinced there is an issue here. Conservative MP Stephen McPartland says charities are already covered by many of these rules. It’s true – charities are already forbidden from endorsing a particular candidate. “I’m very concerned the opposition have been able to portray this bill as a gagging bill,” he worries (says?).
Drill down to the small print, though, and the way in which the bill would dramatically broaden the activities charities are forbidden from undertaking emerges. Under current rules, Laura Pett of the Royal British Legion (RBL) explains, charities only have to prove their “intent” if they are accused of interfering in a specific campaign. Under the text of the bill, though, they’re banned from activity “for the purpose of or in connection with” electioneering.
The question charities are now asking is: what does ‘in connection with’ actually mean? In the run-up to the 2010 general election the RBL persuaded 75 per cent of candidates to sign a pledge promising to ‘do their bit’ for the armed forces if elected. What happens if candidates A and B sign up, but candidate C doesn’t – and then candidate C, having lost by a few hundred votes, complains that literature highlighting the issue influenced the result?
“It’s very widely drawn and is totally unclear as to what is and isn’t included,” James Legg of the Countryside Alliance worries (points out?). “You could find ordinary day-to-day campaigning activity, whatever it might be, could be seen to be for electoral purposes. In other words, we’re losing any sort of objectivity to it. It’s becoming very much a subjective test.”
It will be the Electoral Commission which has to make these judgement calls. You might expect it to welcome these new powers, but you’d be wrong. The bill, it warned in evidence to parliament, “raises real questions of freedom of speech”. It is as deeply concerned by the government’s proposals as everyone else.
The Electoral Commission faces a “bureaucratic nightmare”, Plaid Cymru MP Jonathan Edwards, a former Citizens Advice employee, believes. His party is worried about the impact the changes could have on the devolved administrations. The bill specifically refers to Westminster elections, but Edwards doesn’t think they can be viewed in isolation from the local and devolved contests. “Often campaigns will cross over, so therefore it wasn’t clear to me, as someone who’s worked in the sector, how employers would be expected to dissect the terms of the bill.”
Perhaps there would be more clarity if the government had given the legislation more time to be improved before bringing it to the Commons. MPs have been left aghast by the lack of pre-legislative scrutiny. The political and constitutional reform committee has issued an emergency report calling for it to be withdrawn completely, saying it is “seriously flawed” precisely because of a lack of consultation.
The truth is this bill is not so much being rushed as rammed through parliament. Its Commons stages will be over by mid-October, leaving it set to enter the statute book by the end of the year. “I understand there are some incentives to get this done by a certain date so organisations can have certainty before the next election,” says Stables of the NCVO, but adds that they would’ve preferred more time.
Both sides privately acknowledge the meetings between the NCVO and the government are not going well. There is a complete standoff over whether the text of the bill leaves charities vulnerable or not. The government lawyers say one thing, the charities’ experts say another.
In the meantime all the talk in the Palace of Westminster is of the politicking which underpins the lobbying bill. “The government’s fobbed everyone off so far,” one MP says. It’s an attempt to get at the unions and make it harder for them to reduce their ability to campaign.” Even government figures week implicitly acknowledge the change is being sought to shift the rules of the game against Labour. “This is not about targeting particular people,” one source close to the leader of the House, Andrew Lansley, says. “This is about making sure there is a level playing field.”
Usually, political parties jostling for advantage like this only really matters to Westminster types. It is ugly and undignified and will not have a decisive influence on the outcome in 2015, after all.
This time is different. The fear is the ability of charities to carry out their vital campaigning work could end up as collateral damage in a much bigger struggle for power.
Three years down the line, the charities David Cameron championed with his promises of a “Big Society” are now asking whether they are about to be gagged – just when they need their voices most of all.
23 Aug 2013 | Digital Freedom, Index Reports, Politics and Society, Religion and Culture, United Kingdom
(Photo illustration: Shutterstock)
Though it has a reasonably good freedom of expression environment, the United Kingdom is wrestling with the fallout from mass surveillance leaks, press regulation, web filtering and social media guidelines. With an unwritten constitution, the right to freedom of expression comes from the practice of the common law, alongside the UK’s accession to international human rights instruments.
There have been positive developments in the UK on free speech in the last year with reform to defamation law and reform of section 5 of the Public Order Act.
The law of libel has been reformed by the Defamation Act which received Royal Assent on 25 May 2013. The reformed law, when enacted will restrict “libel tourism”, bring in a hurdle to prevent vexatious claims, update the provisions on internet publication, force corporations to prove financial loss and introduce a reasonable public interest defence. This reform will strengthen freedom of expression protections for academics, journalists and bloggers, scientists and NGOs.
Free speech is also enhanced by the United Kingdom’s strong Freedom of Information laws. Information requests are on the whole free with over 90% of requests receiving a response on time.
The recent Justice and Security Act can be used to exclude the media from hearings to consider whether a secret evidence procedure is to be used. This may cover cases where claimants have been subject to extra-judicial detention, torture and extraordinary rendition, affecting the media’s ability to perform its watchdog function.
The UK has tough state secrecy legislation. The public interest defence in the Official Secrets Act was removed in 1989 and has not been replaced.
While the freedom to protest is well-established, the use of “kettling” to deter protestors and the prosecution of “offensive” protest including the burning of military symbols and homophobic street preaching is of concern. Scotland’s recent anti-sectarian laws have criminalised “offensive” speech at football matches.
Media freedom
The publication of mass surveillance revelations by The Guardian’s Glenn Greenwald has had reverberations around the world. The UK government has moved toward confrontation with the news organisation by forcing the destruction of hard drives that contained documents leaked by former NSA contractor Edward Snowden. The recent developments around the detention of David Miranda and the seizure of material he was carrying under Section 7 of the Terrorism Act has raised concerns over press freedom.
The UK fares well internationally for media plurality with 23 independent national newspapers, as well as several hundred regional and local papers. The main TV stations are all available with every station provider. While Index believes there is strong media plurality in the UK at present, the legal framework may not be sufficient to ensure plurality in the future, as demonstrated by News Corporation’s attempted takeover of BskyB.
The phone hacking scandal exposed criminality in the British media, yet the response to the scandal has imperilled media freedom. The creation of a Royal Charter drawn up by the three main political parties to create a media regulator warranted the first government interference into the process of press regulation since 1695. Considerable confusion remains since no newspaper has agreed to be part of the new regulator. This leaves the possibility of independent regulation in the near-future.
Digital freedom
The UK upholds online freedom in comparison with other comparable democracies, but there are worrying trends on the criminalisation of social media, mass surveillance and proposals to introduce web filters.
The Regulation of Investigatory Powers Act 2000 increased the powers of the police to intercept communications. In 2012, the government attempted to extend this surveillance with its draft Communications Data Bill. The Bill would have made the surveillance and storage of UK citizens’ communications data the norm allowing an intrusion into the privacy of British citizens that would have chilled free expression. The Bill was dropped after a parliamentary committee criticised the scope of the legislation, but the Home Secretary has indicated she would like to bring forward a similar law.
Revelations of cooperative relationships between the United State’s National Security Agency and the UK’s Government Communications Headquarters as part of the mass surveillance programmes has raised serious concerns around digital freedom of expression. At the same time it is surveilling citizens’s online communications, the country is in the initial stages of possibly instituting opt-out web filters to block pornography with a consultation set to begin on 27 Aug.
The framework for copyright also has the ability to impede freedom of expression. The Digital Economy Act contains provisions allowing the government to order internet service providers (ISPs) to block websites and suspend accounts for customers accused of downloading copyrighted material.
The UK has high levels of take-up of social media and internet access. However, access is still not universal with exclusion from the internet for marginalised individuals a barrier to free speech. The recently launched Web Index report shows that the UK leads in the use of online citizen e-petitioning.
The police and executive bodies make a significant number of takedown requests to remove content according to Google’s transparency reports.
There have been an increasing number of arrests and prosecutions for ‘offensive’ comments on social media after public complaints. The Crown Prosecution Service has produced guidelines to limit the number of arrests and prosecutions. The legal framework has also been reformed with Section 5 of the Public Order Act no longer criminalising insulting behaviour or content. However, restrictive laws still apply with Section 127 of the Communications Act criminalising “grossly offensive” comments.
Artistic freedom
The UK continues to produce challenging art in a free environment for artistic freedom of expression but a chill remains around social, religious and cultural pressures on the arts and inconsistent policing of art deemed to be offensive.
A lack of guidance on the policing of culture has on occasion created significant problems for artistic freedom of expression. Large demonstrations outside performances of Gurpreet Kaur Bhatti’s play Behzti led to the play being closed down after guidance from the police. Her play about this situation, Behud – Beyond Belief was treated as a potential threat to public order with the police in Coventry asking for a fee of £10,000 per night. Policing can also be arbitrary. In 2012, a police officer told a Mayfair art gallery to remove a photo-montaged image of ancient myth Leda and the Swan from its window, despite the fact no one had complained.
While direct censorship of the Arts remains uncommon, self-censorship by artists is more routine. Artists self-censor for a number of reasons including fear of causing controversy or offence combined with special interest group campaigns that put pressure on artists to censor, financial pressures with artistic institutions not wanting to court controversy, cultural diversity policies that may encourage self-censorship and a habit of risk aversion that leads cultural institutions to focus on worst case scenarios of what might happen when taking artistic risks.
This article was originally published on 23 Aug, 2013 at indexoncensorship.org.
6 Aug 2013 | Digital Freedom, France, Germany, Guest Post, News and features, Politics and Society, Russia, United Kingdom, United States
(Photo illustration: Shutterstock)
Around the world, there is confusion and alarm over the impact of the U.S. National Security Agency’s (NSA) surveillance program on human rights. In the U.S., the debate is focusing on the gross violations of privacy rights of Americans. Barely a word is being spoken about the human rights of people outside the country whose personal communications are being targeted, and whose communications content is collected, stored, analyzed and used with little legal protection.
A growing group of international civil society groups and individuals wants that to change and is coming together to present the newly empowered U.S. Privacy and Civil Liberties Board (PCLOB) with a joint letter, asking the Board to make “recommendations and findings designed to protect the human rights not only of U.S. persons, but also of non-U.S. persons.” Before PCLOB’s mid-September deadline for public comments, I encourage global civil society to add their name to this powerful statement.
As the letter makes clear, there is great concern from the global community that the recently revealed surveillance program conducted under Section 702 of the Foreign Intelligence Surveillance Act (FISA) poses a severe threat to human rights. It rightly notes that the surveillance “ strikes at the heart of global digital communications and severely threatens human rights in the digital age.” “The use of unnecessary, disproportionate, and unaccountable extra-territorial surveillance not only violates rights to privacy and human dignity, but also threatens the fundamental rights to freedom of thought, opinion and expression, and association that are at the center of any democratic practice. Such surveillance must be scrutinized through ample, deep, and transparent debate. Interference with the human rights of citizens by any government, their own or foreign, is unacceptable.”
Why then is all the attention in the U.S. focused on just the rights of Americans? The U.S. draws its obligations to protect rights in conducting surveillance from the U.S. Constitution, specifically the Fourth Amendment, which protects “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures.” The “people” generally means all people located within the United States regardless of citizenship, and then only when they have a “ reasonable expectation of privacy.”
Except in the most extraordinary circumstances, and for U.S. citizens and lawful residents when they are travelling abroad, people outside the U.S. have no privacy protections under the Fourth Amendment. This is a feature in the U.S. Constitution and it animates every part of U.S. surveillance law and practice. That is why Section 702 of FISA requires targeting and minimization guidelines that are aimed (albeit inadequately) at ensuring that the communications being targeted are those of people reasonably believed to be outside the U.S. It’s also why they provide some level of protection for ordinary Americans whose communications are ensnared in foreign intelligence activities and take no notice of the rights of ordinary people all over the world whose personal communications now reside in NSA databases.
It may be hard to fathom now, but Congress created the FISA Court to rein in surveillance after revelations about illegal political spying on Americans surfaced in the 1970’s. The Court had a narrow charge: to ensure that electronic surveillance conducted in the United States for intelligence purposes is conducted pursuant to a warrant. The warrant protection did not apply to surveillance conducted outside the U.S., so it did not protect the rights of foreigners outside the U.S. However, in those days, communications surveillance within the U.S. was a limited and highly targeted activity aimed at hostile foreign powers and their agents. The phone conversations of ordinary people were of no interest. International phone calls between a person in the U.S. and person abroad were quite expensive and relatively rare.
Today, the assumptions that informed the enactment of FISA have been worn thin by a radical shift in threats – from states to diffuse non-state actors – and an even more radical shift in technology. The advent of the internet, the data storage revolution and big data analytics, fueled by fears about terrorism, have, in the post-PATRIOT Act world, fueled a growing government appetite for data. Today, the NSA isn’t just trying to listen in on the embassy abroad of a Cold War rival; instead, it doesn’t know whom to listen in on because it does not know who might pose a threat. In the process, individualized targeting based on specific indicia of threat has given way to bulk programmatic targeting of foreign communications without any consideration of human rights of people beyond our borders.
This position is simply untenable in today’s much smaller world, where the Cold War line between “us” and “them” has blurred.
When FISA was enacted, there was no global internet and the cost of international calls was prohibitive. Large parts of the world were unreachable for political or technical reasons. Now, we are a nation of more immigrants, global businesses and frequent travelers. We live online and carry our cell phones everywhere. The cost of an international call has plummeted by more than 90% and the number of U.S. billed international calls and the use of VOIP has skyrocketed. Skype calls worldwide alone grew 44% to 167 billion minutes in 2012.
Everyday, Americans are calling, emailing, texting and “friending” family, friends, colleagues and customers around the world, engaging in so-called “foreign communications.” For those on the other side of our emails and calls, there is no protection for free expression or privacy rights. In fact, their communications may be collected, examined and used by the government for any legal purpose.
The U.S. is certainly not alone in the breadth of its surveillance activities. Britain’s spy agency monitors the cables that carry the world’s phone calls and internet traffic in close cooperation with the NSA. Indeed, according to leaked documents, Britain’s GCHQ collects more metadata than the NSA with fewer limitations. Germany’s foreign intelligence agency, the BND, is monitoring communications at a Frankfurt communications hub that handles international traffic to, from and through Germany, and the BND is seeking to significantly extend its capabilities. Le Monde reports that France runs a vast electronic spying operation using NSA-style methods, but with even fewer legal controls. And Russia’s notorious SORM system is reportedly even more advanced than the American system.
The U.S. is also not alone in focusing most of the protections of its surveillance laws internally. Such focus is also a feature of the surveillance laws and practices in democratic countries around the world, most of which take a highly territorial view of their human rights obligations and are unlikely to willingly give them extraterritorial application.
There is an urgent conversation to be had in the U.S and beyond about the implications of cross-border surveillance. Given the globalization of information society services, we now must assume that the data pertaining to the citizens of one country will flow through the infrastructure of another and be subject to collection and use for national security purposes. Surveillance standards must be strengthened everywhere to ensure that robust judicial oversight and that principles of specificity, necessity, proportionality, data minimization, use limitation and redress for misuse are the norm. In a globally networked world, legal standards must also recognize the human rights implications of cross-border surveillance and set out a way forward to protect the rights of people beyond state borders. There is ambiguity about whether our largely territorial human rights paradigm is adequate to meet the challenge.
That is why the call to PCLOB to speak to the rights of non-Americans is so important. PCLOB has a simple mission: to make sure privacy and civil liberties are at the table as new security measures to protect the nation are considered. It has boldly taken on the NSA surveillance program as its first task, but it is too soon to know whether it has the muscle or the will power to push meaningful reforms. It has an opportunity to show global leadership by heeding the call to make concrete recommendations about the rights of non-U.S. persons that can frame the global discussion about surveillance and human rights going forward. Add your name to the letter and tell PCLOB to seize the opportunity.
